Alabama Supreme Court: Gadsden woman does not have to undergo mental evaluation in 2003 toddler death

BIRMINGHAM, Alabama - The Alabama Supreme Court today overturned an Etowah County judge's ruling that a woman, in the 2003 death of her 16-month-old adopted daughter, must undergo a mental evaluation.

The Alabama Supreme Court ruled that Tanya Cate had not entered a plea of not guilty by reason of mental disease or defect so a Etowah County judge exceeded his discretion when he ordered Cate be examined to determine her mental condition at the time of the alleged offense.

The Alabama Supreme Court ordered the judge who had issued the order, Etowah County Circuit Court Judge William H. Rhea III, to vacate that order as it relates to a mental examination to determine Cate's mental condition at the time of the toddler's death. The order, however, did not rule out a mental examination on whether she is competent to stand trial.

Cate, 38, was indicted in 2005 for capital murder in the 2003 death of her adopted 16-month-old daughter. Cate has yet to go to trial on the charge. She is being held in the Etowah County Detention Center.

On Sept. 29, 2011, Cate's attorney filed a motion to continue the trial. The attorney asked that Cate be given a mental examination after a defense mitigation expert had questioned her. The attorney did not specify that Cate was only asking for the examination to determine her competency to stand trial - not her mental state at the time of the toddler's death, according to the Supreme Court's opinion.

Prosecutors later filed a motion to have her examined both to determine her competency to stand trial and her mental condition at the time of the child's death.

Cate withdrew her request for an examination and responded in early 2012 that she can't be made to undergo a mental examination to determine her mental condition at the time of the alleged offense because she was not raising a defense of not guilty by reason of mental disease or defect, according to today's opinion.

On Feb. 23, 2012, Rhea entered an order requiring Cate to submit to examinations to determine both her competency to stand trial and her mental condition at the time of the alleged offense.

Cate appealed to the Alabama Court of Criminal appeals, which denied the appeal.